HOUSE BILL REPORT
SSB 6572
As Passed House:
February 28, 2006
Title: An act relating to the unlawful detainer process under the residential landlord-tenant act.
Brief Description: Revising the unlawful detainer process under the residential landlord-tenant act.
Sponsors: By Senate Committee on Judiciary (originally sponsored by Senator Hargrove).
Brief History:
Judiciary: 2/15/06 [DP].
Floor Activity:
Passed House: 2/28/06, 97-0.
Brief Summary of Substitute Bill |
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HOUSE COMMITTEE ON JUDICIARY
Majority Report: Do pass. Signed by 9 members: Representatives Lantz, Chair; Flannigan, Vice Chair; Williams, Vice Chair; Priest, Ranking Minority Member; Rodne, Assistant Ranking Minority Member; Kirby, Serben, Springer and Wood.
Staff: Trudes Tango (786-7384).
Background:
The Residential Landlord-Tenant Act (RLTA) governs the relationship between landlords
and tenants of residential dwelling units, establishes the duties and liabilities of the parties,
and provides procedures for each side to enforce its rights.
The landlord may terminate a tenancy if the tenant fails to substantially comply with the
tenant's duties. The landlord must give the tenant written notice before termination and,
depending upon the circumstances, allow the tenant time to come into compliance. If the
tenant does not comply and continues to be in possession of the property, the landlord may
bring an unlawful detainer action.
An unlawful detainer action is a court process to evict a tenant. The landlord must serve the
tenant with an unlawful detainer summons and complaint. The tenant may serve his or her
response by personal delivery, mail, fax, or any other manner authorized by court rules.
When the unlawful detainer is based on the failure to pay rent, the tenant must either pay the
amount owed into the court registry or submit to the court a statement explaining why rent is
not owed. Failure to comply is grounds for eviction without a hearing.
The RLTA requires the summons for an unlawful detainer action to be in a specific form.
When the action is based on the failure to pay rent, the summons must contain an additional
notice regarding the requirement that the tenant pay rent to the court or submit a statement.
Summary of Bill:
The notice to a tenant in an unlawful detainer action based on the failure to pay rent is
amended to include a statement telling the tenant that he or she must notify the landlord in
writing that rent has been paid in the court registry or that a statement regarding why rent is
not owed has been submitted to the court. The tenant may serve notice to the landlord either
by personal delivery, mail, fax, or other means authorized by court rules.
Appropriation: None.
Fiscal Note: Not requested.
Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.
Testimony For: This bill fixes a mistake from last year's unlawful detainer bill, and allows a tenant to respond to a summons by fax.
Testimony Against: None.
Persons Testifying: JD Puckett, Washington Multi Family Housing Association; and Bruce Neas, Columbia Legal Services.